This chapter provides definitions for terms for which a definition is considered necessary. Words not defined shall have a meaning consistent with the Act, the Utah Code and/or Webster’s New Collegiate Dictionary, latest edition, whichever is most applicable. For this chapter, if a conflict arises between an illustration and a definition, the definition shall apply.
ACCESS. The provision of vehicular and/or pedestrian ingress and egress to any lot, parcel, building or structure.
ACCESS RIGHT-OF-WAY. A strip of land which is part of a lot and provides access to another lot.
ACT, THE. Municipal Land Use, Development and Management Act (U.C.A. Title 10, Chapter 9a). Includes only this title and chapter and no other title or chapter of Utah Code.
ACTIVE TRANSPORTATION. Any form of human-powered mode of transportation, including walking or bicycling.
ADJACENT (OR ADJOINING). Sharing a common boundary.
ADJACENT PROPERTY. A lot or parcel that has any portion of common boundary with another lot or parcel.
ADMINISTRATIVE ACTIONS/DECISIONS. The application of standards to a set of facts. ADMINISTRATIVE ACTIONS do not create legislation or have broad policy effects but apply existing regulations. See also LAND USE DECISION.
ADMINISTRATIVE LAND USE AUTHORITY. The Development Review Team unless otherwise specified.
AFFECTED ENTITY. A county, municipality, local district, special service district under U.C.A. Title 17D, Chapter 1, Special Service District Act, school district, interlocal cooperation entity established under U.C.A. Code Title 11, Chapter 13, Interlocal Cooperation Act, specified public utility, property owner, property owner’s association or the state’s Department of Transportation, if:
(1) The entity’s services or facilities are likely to require expansion or significant modification because of the intended use of land;
(2) The entity has filed with the city a copy of the entity’s general or long-range plan; or
(3) The entity has filed with the city a request for notice during the same calendar year and before the city provides notice to an affected entity.
AFFECTED OWNER. The owner of real property that is:
(1) A single project;
(2) The subject of a land-use approval that triggers a referendum timely challenged in accordance with U.C.A. § 20A-7-601(5)(a); and
(3) Determined to be legally referable under U.C.A. § 20A-7-602.8.
APPEAL AUTHORITY. The person, board, commission, agency or other body designated by ordinance to decide an appeal of a decision of a land use application or a variance.
APPLICANT. Any person(s) presenting an application for approval required by this chapter.
APPLICATION. A written request for approval, completed in a manner prescribed by this chapter for review and decision by a Land Use Authority.
APPLICATION, COMPLETE. An application that includes all information required by this chapter and payment of all applicable fees.
APPLICATION, INCOMPLETE. An application that lacks any information required by this chapter or the payment of all applicable fees.
AUTHORIZED AGENT. The person with written authorization to represent the property owner(s).
BUILDABLE AREA. The portion of a lot remaining after required yards (setbacks) have been provided; except that, land with an average grade exceeding 15% slope shall not be considered BUILDABLE AREA.
BUILDING/BUILDABLE ENVELOPE. The three-dimensional space on a lot or parcel within which a building or structure is permitted. This three-dimensional space is created by the maximum building height and the minimum front, rear and side yard setback requirements, as established for the zoning district.
BUILDING LINE. The line circumscribing the buildable area of a lot.
BUILDING OFFICIAL. The person designated by the city and responsible for the administration and enforcement of the city’s adopted building codes.
BUILDING PERMIT. A permit required by the city’s building codes and authorizing a construction activity.
CHIEF EXECUTIVE OFFICER. The duly elected Mayor of Brigham City.
CITY. The political subdivision of Brigham City, Utah, a Utah municipal corporation.
CITY ATTORNEY. An attorney admitted to practice law in the State of Utah and so appointed by the city.
CITY COUNCIL or COUNCIL. The duly elected City Council of Brigham City, Utah.
CITY ENGINEER. The civil engineer licensed in the State of Utah and so appointed by the city.
CITY RECORDER. The person serving as the keeper of the city’s archives and the preserver and manager of official records and other land use documents and so appointed by the city.
CITY STAFF. Staff from various city departments involved with the review and in certain cases the approval of land use applications.
CLEAR VIEW AREA. Areas at intersecting streets and driveways where unobstructed vision is maintained, as required by any city land use ordinance.
CLUSTER SUBDIVISION. A subdivision of land in which the lots have an area less than the minimum lot area required by the zoning district in which the subdivision is located, but which complies with the cluster subdivision provisions of this chapter.
COMMISSION or PLANNING COMMISSION. The duly appointed Planning Commission of Brigham City, Utah.
COMMON AREA. Facilities and land under common ownership.
COMMON OPEN SPACE. Any area reserved and set aside for recreational uses, landscaping or open space areas for the common use and enjoyment of the owners.
COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR. The person so appointed by the city, or designee.
CONSTITUTIONAL TAKING. As defined by the Act.
CRITICAL INFRASTRUCTURE MATERIALS. Sand, gravel or rock aggregate.
CRITICAL INFRASTRUCTURE MATERIALS OPERATIONS. The extraction, excavation, processing or reprocessing of critical infrastructure materials.
CRITICAL INFRASTRUCTURE MATERIALS OPERATOR. A person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary and related parent company, that:
(1) Owns, controls or manages a critical infrastructure materials operation; and
(2) Has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations.
CUL-DE-SAC. A road, street or right-of-way with only one outlet and not providing continuing road, street or right-of-way connections to adjacent property(ies), but providing a turnaround with a radius, or another layout, for reverse traffic movements.
CULINARY WATER AUTHORITY. The department, agency or public entity with responsibility to review and approve the feasibility of the culinary water system and sources for the subject property. For this chapter, the city’s Public Works Department is the CITY’S CULINARY WATER AUTHORITY.
CUT. The process of lowering the natural grade of all or a portion of property or the depth or the volume of such material removal. Reference to a CUT shall be measured from the natural grade.
DECLARATION. A legal instrument by which property is subjected to the provisions of the state’s Condominium Ownership Act, or a declaration of covenants, conditions and restrictions.
DEDICATION. The setting aside of land by an owner for any public use and owned by a public agency.
DENSITY, GROSS. The intensity or number of non-residential and residential uses expressed in terms of unit equivalents per acre or lot or units per acre. DENSITY is a function of both the number and type of dwelling units and/or non-residential square footage and the total land area.
DENSITY, NET. The intensity or number of non-residential and residential uses expressed in terms of unit equivalents per acre or lot or units per acre. DENSITY is a function of both the number and type of dwelling units and/or non-residential square footage and the total land area, minus any dedicated land(s) or common areas.
DEPARTMENT. The Brigham City Community and Economic Development Department.
DEVELOPMENT ACTIVITY.
(1) Any construction or expansion of a building, structure or use that creates additional demand and need for public facilities;
(2) Any change in the use of a building or structure that creates additional demand and need for public facilities; or
(3) Any change in the use of land that creates additional demand and needs for public facilities.
DEVELOPMENT REVIEW TEAM (DRT). Staff from various city departments and other agencies involved with the review and in certain cases the recommendation of land use applications.
DIVISION or PLANNING DIVISION. The Planning Division of the Community and Economic Development Department.
EASEMENT. That portion of a lot or parcel reserved for present or future use by a person or agency other than the fee owner(s) of the property. The EASEMENT may be for use under, on or above a lot or parcel.
ESCROW. A deposit of cash or approved alternate in place of cash held to ensure a guarantee.
EXACTION. A requirement or condition imposed by a Land Use Authority on a land use application if:
(1) An essential link exists between a legitimate governmental interest and each exaction; and
(2) The exaction is roughly proportionate, both in nature and extent, to the impact of the proposed development.
FILL. The process of raising the natural grade, or the depth or the volume of material. The reference for a FILL shall be measured from natural grade.
FINAL DECISION. The final vote or decision taken by a Land Use Authority on a land use application.
FIRE AUTHORITY. The department, agency or public entity with the responsibility to review and recommend the feasibility of fire protection and suppression services for the subject property. For the purposes of this chapter, the city’s Fire Department is identified as the CITY’S FIRE AUTHORITY.
FLOOD or FLOODING. A temporary condition of partial or complete inundation of normally dry land from:
(1) The overflow of inland waters; and/or
(2) The unusual and rapid accumulation or runoff of surface or ground waters from any source.
Flood Insurance Rate Map (FIRM). The official maps of the city on which the Federal Emergency Management Agency has delineated areas of flood hazard.
FLOODPLAIN. Land that:
(1) Is within the 100-year floodplain designated by the Federal Emergency Management Agency; or
(2) Has not been studied or designated by the Federal Emergency Management Agency, but presents a likelihood of experiencing chronic flooding or a catastrophic flood event because the land has characteristics that are like those of a 100-year floodplain designated by the Federal Emergency Management Agency.
FRONTAGE. All areas of a lot or parcel that adjoin a public or private road or street measured along the property line.
GENERAL PLAN. The Brigham City General Plan setting forth various city policies, including the city’s possible annexation areas.
GEOLOGIC HAZARD.
(1) A surface fault rupture;
(2) Shallow ground water;
(3) Liquefaction;
(4) A landslide;
(5) Debris flow;
(6) Unstable soil;
(7) A rockfall; or
(8) Any other geologic condition that presents a risk:
(a) To life;
(b) Of substantial loss of real property; or
(c) Of substantial damage to real property.
GRADING. A cut or fill, or the act of cutting or filling.
GRADE, FINISHED. The elevation of the surface of the land after the completion of any grading.
GRADE, NATURAL. The elevation of the surface of the land existing before any grading or other human activity.
HIGH PRIORITY TRANSPORTATION CORRIDOR. A transportation corridor identified as a high priority transportation corridor under U.C.A. § 72-5-403.
IMPACT FEE. A payment of money imposed under U.C.A. Title 11, Chapter 36a, Impact Fees Act.
IMPROVEMENT COMPLETION ASSURANCE. A cash deposit or cash security held with an FDIC financial institution required by the city to guaranty the proper completion of landscaping or an infrastructure improvement required as a condition precedent to:
(1) Recording a subdivision plat; or
(2) Development of a commercial, industrial, mixed-use or multi-family project.
IMPROVEMENT WARRANTY. An applicant’s unconditional warranty that the applicant’s installed and accepted landscaping or infrastructure improvement:
(1) Complies with the city’s written standards for design, materials and workmanship; and
(2) Will not fail in any material respect, as a result of poor workmanship or materials, within the improvement warranty period.
IMPROVEMENT WARRANTY PERIOD. The period:
(1) No later than one year after the city’s acceptance of required landscaping; or
(2) No later than one year after the city’s acceptance of required infrastructure, unless the city:
(a) Determines for a good cause that a one-year period would be inadequate to protect the public health, safety and welfare; and
(b) Has substantial evidence, on record:
1. Of prior poor performance by the applicant; or
2. That the area upon which the infrastructure will be constructed contains suspect soil and the city has not otherwise required the applicant to mitigate the suspect soil.
INFRASTRUCTURE IMPROVEMENT. The permanent infrastructure that is essential for the public health and safety or that:
(1) Is required for human occupation; and
(2) An applicant must install:
(a) In accordance with the published installation and inspection specifications for public improvements; and
(b) Whether the improvement is public or private, as a condition of:
1. Recording a subdivision plat;
2. Obtaining a building permit; or
3. Developing a commercial, industrial, mixed-use, condominium or multi-family project.
INTERNAL LOT RESTRICTION. A platted note, platted demarcation or platted designation that:
(1) Runs with the land; and
(2) Creates a restriction that is enclosed within the perimeter of a lot described on the plat; or designates a development condition that is enclosed within the perimeter of a lot described on the plat.
LAND USE APPLICANT. A property owner, or the property owner’s designee, who submits a land use application affecting or regarding the property owner’s land.
LAND USE APPLICATION. An application required by a city land use ordinance and is submitted by a land use applicant to obtain a land use decision. LAND USE APPLICATION does not mean an application to enact, amend or repeal a land use regulation. For the purposes of this chapter, and as examples only, a preliminary subdivision application and a final subdivision application are LAND USE APPLICATIONS.
LAND USE AUTHORITY. A person, board, commission, agency or other body designated by the City Council to act upon a land use application, or if the City Council has not designated a person, board, commission, agency or other body, the City Council. For the purposes of this chapter, the Development Review Team and
Community and Economic Development Director or designee are both identified as an Administrative Land Use Authority, being designated as such by the passage of this chapter by the City Council.
LAND USE DECISION. An administrative decision of a Land Use Authority or appeal authority regarding:
(1) A land use permit;
(2) A land use application; or
(3) The enforcement of a land use regulation, land use permit or development agreement.
LAND USE ORDINANCE. A planning, zoning, development, or subdivision ordinance of the city, but does not include the General Plan. This chapter is a LAND USE ORDINANCE of the city.
LAND USE PERMIT. A permit issued by a Land Use Authority. For the purposes of this chapter, and as examples only, a preliminary subdivision application approval and a final subdivision application approval are LAND USE PERMITS.
LAND USE REGULATION.
(1) A legislative decision enacted by ordinance, law, code, map, resolution, specification, fee or rule that governs the use or development of land;
(2) Includes the adoption or amendment of a zoning map or the text of the zoning code; and
(3) Does not include:
(a) A land use decision of the Council acting as the Land Use Authority, even if the decision is expressed in a resolution or ordinance; or
(b) A temporary revision to an engineering specification that does not materially:
1. Increase a land use applicant’s cost of development compared to the existing specification; or
2. Impact a land use applicant’s use of land.
LEGISLATIVE ACTIONS/DECISIONS. Actions and decisions of the City Council establishing policy or law. These have broad considerations and impact more than one individual or property owner. See also LAND USE REGULATION.
LEGISLATIVE BODY. The duly elected City Council of Brigham City, Utah.
LOCAL DISTRICT. An entity under U.C.A. Title 17B, Limited Purpose Local Government Entities - Local Districts, and any other governmental or quasi-governmental entity that is not a county, municipality, school district or the state.
LOT. A tract of land, regardless of any label, that is created by and shown on a subdivision plat recorded in the office of the County Recorder.
LOT AREA. The total area of a lot or parcel.
LOT DEPTH. The horizontal distance between the front and the rear lot lines measured in the direction of the side lot lines.
LOT, DOUBLE FRONTAGE. A lot or parcel abutting two parallel or approximately parallel streets.
LOT, FLAG. A lot shaped like a flag on a staff, with a narrow strip of land (the staff) providing direct access to a public road or street for the lot or parcel (the flag) and located immediately behind an adjacent lot or parcel that meets the minimum frontage on a road or street.
LOT, INTERIOR. A lot other than a corner lot.
LOT, ILLEGAL. A lot created for any purpose that has not received the approvals required by this chapter or any other city land use ordinances, or their prior enactments.
LOT, IRREGULAR. A lot whose rear property line is not generally parallel to the front property line, such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
LOT, LEGAL LOT OF RECORD. A lot or parcel that existed and recorded in the County Recorder’s office, with a separate property identification number as provided by the County Recorder and County Assessor, on or before 11-1-1986 and all lots legally created pursuant to the terms and requirements of any city land use ordinances and the laws of the state occurring after 11-1-1986.
LOT LINE. The property lines bounding the lot.
LOT LINE ADJUSTMENT.
(1) A relocation of a lot line boundary between adjoining lots or parcels, whether the lots are in the same subdivision, under U.C.A. § 10-9a-608, with the consent of the owners of record.
(2) LOT LINE ADJUSTMENT does not mean a new boundary line that:
(a) Creates an additional lot; or
(b) Constitutes a subdivision.
LOT LINE, FRONT. For an interior lot, the lot line adjoining the street; for a corner lot or through lot, the lot line adjoining either street adjacent to the architectural front or main entry. The LOT LINE, FRONT shall be used for address designation.
LOT LINE, REAR. Ordinarily, that line of a lot which is opposite and most distant from the front line of the lot. In the case of an irregular lot, the Director shall designate the REAR LOT LINE.
LOT LINE, SIDE. Any lot boundary line not a front or rear lot line. A SIDE LOT LINE separating a lot from another lot or lots is an interior side lot line; a SIDE LOT LINE separating a lot from a street is a street-side lot line.
LOT WIDTH. For an interior lot or parcel, the shorter horizontal distance between side lot lines, measured at the required front yard setback line or rear setback line. For a corner lot, the distance between one of the front lot lines and the opposite side yard line at the required setback line.
MAYOR. The duly elected Mayor of Brigham City, Utah.
MONUMENT. A permanent survey marker established by the County Surveyor and/or a survey marker set according to the City Engineer’s specifications and referenced to county survey monuments.
MUNICIPAL UTILITY EASEMENT. An easement that:
(1) A plat recorded in the County Recorder’s office described as a municipal utility easement or otherwise as a utility easement;
(2) Is not a protected utility easement or a public utility easement as defined in U.C.A. § 54-3-27;
(3) The city or the city’s affiliated governmental entity owns or creates; and
(4) Either:
(a) No person uses or occupies;
(b) The city or the city’s affiliated governmental entity uses and occupies to provide a utility service, including sanitary sewer, culinary water, electrical, storm water or communications or data lines; or
(c) A person uses or occupies with or without an authorized franchise or other agreement with the city.
NATURAL FEATURES. Non-human-made land characteristics, including slopes, wetlands, streams, intermittent drainage channels and native stands of shrubs or trees.
NATURAL STATE. Land that has not been subject to grading, removal of vegetation or any change resulting from human activity.
NATURAL VEGETATION. Vegetation existing on a lot or parcel prior to any human activity.
NATURAL WATERWAYS. Those areas, varying in width, along streams, creeks, gullies, springs or gashes which are naturally occurring drainage channels for any surface waters.
NON-CONFORMING LOT. A lot that legally existed prior to its current land use designation, but does not now meet the requirements of this chapter, the city zoning ordinance or other land use ordinances.
OFFICIAL MAP. A map drawn by city authorities and recorded in the County Recorder’s office that:
(1) Shows actual and proposed rights-of-way, centerline alignments and setbacks for highways and other transportation facilities;
(2) Provides a basis for restricting development in designated rights-of-way or between designated setbacks to allow the government authorities time to purchase or otherwise reserve the land; and
(3) Has been adopted as an element of the city’s General Plan.
OWNER. Any person who alone, jointly or severally with others, has a legal or equitable title to the property.
PARCEL. Any real property that is not a lot created by and shown on a subdivision plat recorded in the County Recorder’s office.
PARCEL BOUNDARY ADJUSTMENT. A recorded agreement between owners of adjoining parcels adjusting the mutual boundary, either by deed or by a boundary line agreement in accordance with U.C.A. § 57-1-45, if no additional parcel is created and:
(1) None of the property identified in the agreement is subdivided land;
(2) The adjustment is to the boundaries of a single person’s parcels; or
(3) Parcel boundary adjustment does not mean an adjustment of a parcel boundary line that:
(a) Creates an additional parcel; or
(b) Constitutes a subdivision.
PARK STRIP or PLANTING STRIP. An area located between a road or street right-of-way line and the edge of asphalt or curb, but not including driveways, sidewalks or trails.
PERSON. An individual, corporation, partnership, organization, association, trust, governmental agency or any other legal entity.
PLANNING COMMISSION OR COMMISSION. The duly appointed Planning Commission of Brigham City, Utah.
PLAT. A map or other graphical representation of lands prepared by a Utah-licensed land surveyor in accordance with U.C.A. §§ 10-9a-603 or 57-8-13.
POTENTIAL GEOLOGIC HAZARD AREA. An area that:
(1) Is designated by a Utah Geological Survey map, county geologist map or other relevant map or report as needing further study to determine the area’s potential for geologic hazard; or
(2) Has not been studied by the Utah Geological Survey or a county geologist, but presents the potential of geologic hazard because the area has characteristics like those of a designated geologic hazard area.
PRIVATE STREET. A right-of-way provided for the use of its owners only and not dedicated to any public agency for the use of the public.
PROPERTY. Any lot, parcel or other areas of land, including any improvements thereon, in possession of, or owned, or recorded as the real property of, the same person.
PROPERTY LINE. The boundary line of a lot or parcel.
PUBLIC. That which is under the ownership or control of the United States Government, the State of Utah or any political subdivision of the State of Utah, including the city (or any departments or agencies thereof).
PUBLIC AGENCY.
(1) The federal government;
(2) The state;
(3) A county, municipality, school district, local district, special service district or other political subdivision of the state; or
(4) A charter schools.
PUBLIC HEARING. A hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing.
PUBLIC MEETING. A meeting that is required to be open to the public under U.C.A. Title 52, Chapter 4, Open and Public Meetings Act.
PUBLIC POWER DIRECTOR. The person so appointed by the city or designee.
PUBLIC STREET. A public right-of-way, including a public highway, public avenue, public boulevard, public parkway, public road, public lane, public trail or walk, public alley, public viaduct, public subway, public tunnel, public bridge, public byway, another public transportation easement or another public way.
PUBLIC UTILITY. Includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation and independent energy producer not described in U.C.A. § 54-2-201, where the service is performed for, or the commodity delivered to the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial or industrial use.
PUBLIC UTILITY EASEMENT. An interest in land owned by a public utility, recognized by the state, allowing its owner to install and maintain either a below grade or above grade public utility transmission line or other directly related facilities.
PUBLIC WORKS DIRECTOR. The person so appointed by the city or designee.
PUBLIC WORKS STANDARDS. The most recent edition of The Brigham City Public Works Standards for Development, Design and Construction, as adopted.
RECEIVING ZONE. An area of the city that the city designates, by ordinance, as an area in which an owner of land may receive a transferable development right.
RECORD OF SURVEY MAP. A map of a survey of land prepared in accordance with Utah Code.
REVIEW CYCLE. The occurrence of:
(1) The applicant's submittal of a complete subdivision land use application;
(2) The city's review of that subdivision land use application;
(3) The city's response to that subdivision land use application; and
(4) The applicant's reply to the city's response that addresses each of the city's required modifications or requests for additional information.
RIGHT-OF-WAY. An area provided for use by any motorized or non-motorized means of travel or circulation.
RULES OF ORDER AND PROCEDURE. A set of rules that govern and prescribe:
(1) Parliamentary order and procedure;
(2) Ethical behavior; and
(3) Civil discourse.
SANITARY SEWER AUTHORITY.
(1) The department, agency or public entity with the responsibility to review and approve the feasibility of sanitary sewer services or on-site wastewater systems.
(2) For this chapter, the city’s Public Works Director or designee is the CITY’S SANITARY SEWER AUTHORITY.
SENDING ZONE. An area of the city that the city designates, by ordinance, as an area from which an owner of land may transfer a development right.
SETBACK or REQUIRED YARD AREA. The shortest distance on a lot or parcel between a building line and a property or designated right-of-way line.
SLOPE.
(1) The level of inclination of land from the horizontal plane determined by dividing the horizontal run, or distance, of the land into the vertical rise, or distance, of the same land and converting the resulting figure into a percentage value; and
(2) For this chapter, horizontal run shall be a minimum of 50 feet.
SPECIAL SERVICE DISTRICT. A limited purpose local government entity, as described in U.C.A. § 17D-1-103, that:
(1) Is created under the authority of the Utah Constitution Article XI, § 7; and
(2) Operates under, is subject to, and has the powers set forth in U.C.A. Title 17D, Chapter 1.
SPECIFIED PUBLIC AGENCY.
(1) The state;
(2) A school district; or
(3) A charter schools.
SPECIFIED PUBLIC UTILITY. An electrical corporation, a gas corporation or telephone corporation, as those terms are defined in U.C.A. § 54-2-1.
STATE. Includes any department, division or agency of the State of Utah.
STUB STREET. A transportation facility:
(1) Whose right-of-way terminates at a parcel boundary;
(2) Consists of a short segment that is intended to serve current and future development by providing continuity and connectivity of the public street network; and
(3) Is constructed to the property line.
SUBDIVIDED LAND. The land, tract or lot described in a recorded subdivision plat.
SUBDIVISION.
(1) Any land that is divided, resubdivided or proposed to be divided into two or more lots or other division of land for the purpose, whether immediate or future, for offer, sale, lease or development either on the installment plan or upon any and all other plans, terms and conditions. SUBDIVISION includes:
(a) The division or development of land whether by deed, metes and bounds description, devise and testacy, map, plat or other recorded instrument, regardless of whether the division includes all or a portion of a parcel or lot; and
(b) Except as provided in § 64(c) the Act, being U.C.A. § 10-9a-103(66), divisions of land for residential and non-residential uses, including land used or to be used for commercial, agricultural and industrial purposes.
(2) SUBDIVISION does not include:
(a) A bona fide division or partition of agricultural land for the purpose of joining one of the resulting separate parcels to a contiguous parcel of unsubdivided agricultural land, if neither the resulting combined parcel, nor the parcel remaining from the division or partition violates an applicable land use ordinance.
(b) An agreement recorded with the County Recorder’s office between owners of adjoining unsubdivided properties, adjusting the mutual boundary by a boundary line agreement in accordance with U.C.A. § 57-1-45, if:
1. No new lot is created; and
2. The adjustment does not violate applicable land use ordinances.
(c) A recorded document, executed by the owner of record:
1. Revising the legal description of more than one contiguous parcel of property that is not subdivided land into one legal description encompassing all such parcels of property; or
2. Joining a subdivided parcel of property to another parcel of property that has not been subdivided, if the joinder does not violate applicable land use ordinances.
(d) An agreement between owners of adjoining subdivided properties adjusting the mutual lot line in accordance with the Act, U.C.A. § 10-9a-603, if:
1. No new dwelling lot or housing unit will result from the adjustment; and
2. The adjustment will not violate any applicable land use ordinance.
(e) A bona fide division or partition of land by deed or another instrument where the Land Use Authority expressly approves in writing the division in anticipation of further land use approvals on the parcel or parcels:
1. A parcel boundary adjustment;
2. A lot line adjustment;
3. A road, street or highway dedication plat; or
4. A deed or easement for a road, street or highway purpose.
(3) The joining of a subdivided parcel of property to another parcel of property that has not been subdivided does not constitute a subdivision as to the unsubdivided parcel of property or subject the unsubdivided parcel to this chapter.
SUBDIVISION IMPROVEMENT PLANS. The civil engineering plans associated with required infrastructure and city controlled utilities required for a subdivision.
SUBDIVISION ORDINANCE REVIEW. Review by the city to verify that a subdivision land use application meets the criteria of the city's subdivision ordinances.
SUBDIVISION PLAN REVIEW. A review of the applicant's subdivision improvement plans and other aspects of the subdivision land use application to verify that the application complies with city ordinances and applicable standards and specifications.
SUBDIVISION SITE PREPARATION. Any action taken by any person to affect or alter the existing topography, slope, grade, water channels, drainage patterns, wetlands, upland areas, vegetation or other natural or existing feature or characteristic of the subject property.
SUBJECT PROPERTY. The land area, identified by the parcel identification number, provided by the County Recorder’s office or County Assessor’s office, for which an approval is required to comply with this chapter or Utah Code.
SUSPECT SOIL. Soil that has:
(1) A high susceptibility for volumetric change, typically clay-rich, having more than a 3% swell potential;
(2) Bedrock units with high shrink or swell susceptibility; or
(3) Gypsiferous silt and clay, gypsum or bedrock units containing abundant gypsum commonly associated with dissolution and collapse features.
TRANSFERABLE DEVELOPMENT RIGHT. A right to develop and use land that originates by an ordinance that authorizes a landowner in a designated sending zone to transfer land use rights from a designated sending zone to a designated receiving zone.
UNINCORPORATED. Areas located outside of the incorporated area of a city or town.
UTAH CODE. The Utah Code Annotated, 1953, as amended.
VESTED CRITICAL INFRASTRUCTURE MATERIALS OPERATIONS. Critical infrastructure materials operations operating in accordance with a legal non-conforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
(1) A political subdivision prohibits, restricts or otherwise limits the critical infrastructure materials operations; and
(2) January 1, 2019.
WATER INTEREST. Any right to the beneficial use of water, including:
(1) Each of the rights listed in U.C.A. § 73-1-11; and
(2) An ownership interest in the right to the beneficial use of water represented by:
(a) A contract; or
(b) A share in a water company, as defined in U.C.A. § 73-3-3.5.
ZONING DISTRICT. An area of the city, identified on a zoning map, that provides use and development standards for the geographic area(s) of the city identified.
ZONING MAP. A map adopted as part of a land use ordinance that shows zoning districts, including overlay zones.
ZONING ORDINANCE. A land use ordinance of Brigham City that provides provisions, standards, and regulations for the use and development of land including land use zones, overlays, districts or other areas of the city.
(Prior Code, Ch. 25.15) (Ord. 20-03, passed 3-19-2020; Ord. 24-03, passed 2-1-2024)